This is Allens

Bill is a partner specialising in environmental and planning law, and has played an important role in shaping the business community's representations to the Australian Government on law reform in this critical arena.

If you ask anyone working in environmental law, they’ll tell you the Environment Protection and Biodiversity Conservation (EPBC) reforms are a once-in-a-generation shift – the most significant reform package since the Act was introduced over 25 years ago. For many of our clients, this is the most consequential change to federal environmental approval processes in decades, and it’s set to reshape how major projects are planned, assessed and delivered across Australia.

For years, CEOs and sector leaders in energy, infrastructure, mining and housing have called for greater certainty and efficiency in project permitting and approvals. The reforms are designed to answer that call, promising a ‘single touch’ system and clearer national standards. But the reality is nuanced: while the framework is in place, the full benefits will depend on how quickly governments can agree on the details and resource the new system. For now, the reforms offer a pathway to improvement, but the solutions that clients are seeking – speed, certainty and clarity – will only be realised as the supporting national standards and bilateral agreements are finalised and implemented.

What stands out to me is the urgency with which Minister Watt and the Government have approached these reforms this term. While they were originally slated for mid-2026, their final passage was delivered in the last parliamentary sitting week of 2025 – well ahead of schedule. This reflects genuine recognition that approvals reforms are central to the productivity and sustainability challenges the nation faces around the energy transition, delivery of major infrastructure and improved housing supply.

The move towards national environmental standards and a platform of federal rules will fundamentally change the referral and assessment process. Historically, proponents could submit a relatively lightweight referral document, obtain a decision on the assessment method, and then prepare a more detailed public environment report or environmental impact statement over a couple of years.

While the headline promise for the new assessment method is efficiency – introducing a 30-business-day decision period – the reality is that this efficiency is contingent on the proponent having completed a large amount of work upfront. Minimum content and consultation requirements will apply from the start, and the so-called 'streamlined assessment' will only begin once every piece of information is provided. Clients will need to be prepared for more rigorous, comprehensive documentation before the assessment clock even starts ticking – this includes providing evidence of no 'unacceptable impacts', passing 'the net gain test' and demonstrating consistency with the new standards.

What does this mean for key sectors? For renewables, mining and major infrastructure, the reforms offer the prospect of streamlined approvals and more flexibility. The introduction of bioregional plans and national interest proposals could unlock faster pathways for large-scale energy and housing projects, provided the necessary agreements and standards are in place. For developers and investors, this is a step towards the certainty and efficiency needed to drive Australia’s energy transition, deliver new housing and support critical minerals projects. However, fossil fuel actions face new carve-outs and constraints, reflecting the Government’s compromises to achieve passage of the legislation through Parliament.

On the upside, there is optimism about the potential for these reforms to create a more efficient approvals framework. The ultimate aim is for a ‘one stop shop’ or 'single touch' system for approvals – that is, the Federal Government establishes its standards and rules on how environmental protections apply and how assessments and approvals are done, and then accredits existing state and territory assessment and approval managers to implement the federal rules.

While it appears likely that this reform, once delivered, can achieve a step change in efficiency and productivity, there is a long way to go for all levels of government to agree not only the terms by which such a devolution of powers is exercised but also how it would be resourced. And it's important not to get too excited about labels like 'streamlined'. Approvals will continue to require careful planning, robust data and a clear understanding of the new standards. But with the right approach, clients can navigate these changes, and position themselves to deliver projects that meet both regulatory and environmental expectations.

As we move into this new era, our role is to help clients understand the detail, anticipate challenges and find opportunities in the evolving landscape. The EPBC reforms are a major change, and with preparation and insight, they can be a catalyst for better outcomes – for business, the environment and our communities.